Advertiser agreement and terms of use
We serve merely as advertising service for (an “Advertiser / Owner”) and an accommodation guide and advertising medium facility for (a "Guest / Renter"). We do not own, inspect or provide content for any of the properties advertised on our site. We have absolutely no involvement in the booking process or transaction, although we may provide tools to enable the transaction between (an “Advertiser / Owner”) and (a "Guest / Renter"). We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. It is the sole responsibility of the (an “Advertiser / Owner”) to be eligible to rent the property and the sole responsibility of (a "Guest / Renter") to pay for the rental accommodation.
1. Rules for advertising
By advertising on our website and providing information to us, you agree to the following eligibilities to advertise:
a) That we may undertake a process for the purposes of verifying your identity and your ownership. To do so we may check the details you supply against any particulars on any database (public or otherwise), to which they we can have access to. We may also use your details in the future to assist other companies, for verification purposes. A record of the search will be retained
b) To provide us proof of personal identification, proof of ownership of the property advertised on our website, and proof of authority to list, to offer for rent and to rent the property, upon our request
c) That you will not wrongfully withhold a deposit or fail to give a refund in accordance with the underlying rental agreement
d) That you will not wrongfully deny access to the advertised property
All video content and photographs that you submit to the site must comply with the video and photograph content requirements. You are solely responsible for the content of any material (including video content and photographs) that you submit to the website. We will not be responsible or liable to any third party, for any content or the accuracy of any content or material which you upload to our website or for any information you provide to us or any user or our website. Whilst we will use our best endeavors to stop unauthorized redistribution by unaffiliated third parties we will not be held responsible for any infringement or violation as such the user waives and releases all rights to claim against us for such violations and infringements.
3. You the (an “Advertiser / Owner”) agree that you will accurately describe and present the property and will disclose any material defects
You agree that any photographs, videos and/or any other content or material that you submit to the website for the purpose of advertising a holiday property, advertiser content must not contain any of the following:
a) any nudity, lewd gestures or any other material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence
b) any material that is defamatory or libelous
c) any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party
d) inaccurate or false information about the holiday property
e) any other material which is considered to be inappropriate
4. In respect of any advertiser content you submit to the website, you will retain the intellectual property rights in such advertiser content
By submitting advertiser content to our website, you the (an “Advertiser / Owner”) hereby grant to us, our sub-licensees and assignees, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to other users of our site, prepare derivative works of and to display the advertiser content by any medium or method whether now known or later developed for the purpose of providing the services via our website and for promoting our services, including the right to assign, sub-license or transfer the whole or any part of these rights to a third party. You agree to waive any moral rights or similar rights that you have in the advertiser content whether such rights arise pursuant to the Copyright, Designs and Patents Act 1988 or equivalent legislation anywhere in the world. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any inappropriate content or other similar material onto our website.
5. You warrant and agree that :
a) you own or have the necessary licenses, rights and consents in writing in and to any advertiser content that you submit to our website and you will provide to us evidence of all such licenses, rights, consents and permissions if we so request
b) the advertiser content is your own original work and has not been copied wholly or substantially from a third party
c) the advertiser content is accurate, complete and true
d) the advertiser content complies with the European Code of advertising practice and all other relevant codes under the general supervision of the advertising standards authority
e) the advertiser content does not contain any inappropriate content
6. You agree to indemnify from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with any one of the following :
a) any failure by you to obtain the necessary licenses, rights and consents in and to any advertiser content that you submit to our website
b) any claim by a user or any third party in connection with or resulting from the advertiser content, including any claim that the advertiser content infringes the intellectual property or other proprietary rights of a third party
c) the inclusion of any inappropriate content in any advertiser content
d) We reserve the right to remove from our website without notice and at our sole discretion any advertiser content which we consider to contain inappropriate content
e) We reserve the right to remove from our website without notice and at our sole discretion any advertiser content in respect of which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party
7. Exchanging properties
A property advertisement on our website relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs unless prior permission has been given to the Advertiser. If an Advertiser is found to have changed the property being described, we reserve the right to suspend the advert in question.
8. Availability calendar accuracy
It is a requirement of your advertising contract with us that your availability calendar accurately reflects the availability for the advertised property at the time the calendar is updated. Misrepresentation of availability calendar of the advertised property is misleading to site users. We reserve the right to withdraw the calendar availability facility or terminate the advertisements concerned, without refund, where we believe calendars to be misleading.
9. Availability calendar updating
The Advertiser agrees to update availability calendars on a minimum time period of once (1) per week. This includes confirming if there have been no changes in that period. Failure to provide the minimum frequency of updates will affect advert performance and the users search experience. We reserve the right to withdraw the calendar facility from adverts where availability is considerably out of date. Adverts that repeatedly fail to meet this minimum requirement will be terminated without refund.
10. We reserve the right to request accurate updating of rental rates tables from advertisers
Failure to act on such requests, continued failure to accurately reflect available pricing, or sustained complaints from Guests / Renters about misleading advertised pricing will result in termination of advertising, without refund.
11. Termination of an advertisement
a) If we receive substantiated complaints from any number of website users about a specific advertisement misrepresenting the property, or its surroundings, or the inappropriate behavior of an Advertiser, then we reserve the right to remove the advertisement without notice, and retain payment
b) If an Advertiser attempts to enter unsuitable material into the online database, or persistently misuses the online systems, we reserve the right to remove the associated advertisement from our website and full payment will be retained
c) We reserve the right to refuse or remove any advertisement from our website that we consider unsuitable, incomplete or misleading, or which we consider to contain inappropriate content, and will not be liable for any expense in so doing
d) We reserve the right to refuse any advertisement from our website where the content fails to meet our requirements
No refunds will be given If an Advertiser is in breach of these terms from 11 a) to 11 d) and we may remove the advertisement from our site without notice and without refund.
12. Ability to contact an advertiser
In the interest of maintaining a high level of service to Guests / Renters using our website, we require all Advertisers to be available to respond to enquiries by telephone or email. Should Advertisers be unavailable for a period of more than one week, we ask them to leave an answer phone message to that effect or to set up an out of office response on their email account. If neither of these options is viable, we ask that Advertisers contact us so we can temporarily suspend their advert. We reserve the right to suspend adverts of Advertisers who are unreachable for more than one week. In this instance we will send messages by telephone and email asking for the Advertiser to request re-activation upon their return.
13. Guest reviews
All reviews must be genuine comments from your Guests / Renters. We reserve the right to request the email address of the Guests / Renters whose comments are included for the purposes of verification.
14. Unauthorized payment options
No Advertiser should request payment from a Guest / Renter via an instant cash wire transfer system such as Western Union or Money Gram transfer. Neither may you request payment by cash sent by post. Such actions may result in immediate termination of your advertising. Payment should be accepted via credit card, cheque, bank transfer or PayPal only.
15. External links
We reserve the right to remove from advertisements both email addresses and links to external websites which either do not conform to the guidelines provided, or which we feel are not appropriate, or act against the interests of us or our Advertisers. The ultimate responsibility and authority for determining the aforementioned rests solely with us. Should an Advertiser add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their advertising without refund
16. Payment
Advertisements can be paid for on an annual basis only, via Paypal and all major credit cards.
17. VAT
If you are an Advertiser residing outside Belgium, VAT will not be charged as our services are outside the scope of Belgian VAT when provided to you. Please note that all Advertisers are responsible for charging and accounting to the relevant authorities for rental income taxes (including, where relevant VAT) on the rental payments they receive.
18. Changes to pricing and conditions
We reserve the right to change the rates and conditions without notice. Any new rates will be applicable immediately for all new advertisements and renewals for both new and existing Advertisers.
19. Intellectual property
All copyright, database rights, trademarks and design rights in our site and in the material published on it belong to us or our Advertisers. You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.
20. Your safety
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Although we encourage Advertisers and Guests to make direct contact with each other, you may never meet or directly speak to an Advertiser or a Guest, and you must therefore proceed with care and judgment when using our website.
21. Claims and indemnity
Your contract for the rental of any property you list on our website is directly with the user of our website and we are not a party to that contract. In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with a user of our site must be brought directly against that user and not against us. You also agree to compensate us for any claims, actions, costs, expenses (including but not limited to legal costs and disbursements), losses or damages suffered or incurred by us as a result of any claim made against us by a user of our website or any other third party as a result of or in relation to your dealings with users of our website, including:
a) any error, mistake or inaccuracy, or misleading or fraudulent representation, contained in any statement, description, representation or other information made about or in connection with a property advertised by you on our website
b) any act or omission by you or third parties on your behalf or any failure by you to comply with any of the terms of the contract between you and the user
c) any loss of or damage to personal possessions at a property
d) any incident or occurrence which takes place at a property, including any personal injury suffered by a user or any other person whilst at the property or as a result of your negligence
22. Our liability and responsibility
We act merely as an advertising service through which you can advertise properties to users and guests of our website and we make no representations or warranties regarding the capacity of any user or guest of our website to make a booking with you. To the extent permitted by law, we and third parties connected to us hereby expressly exclude any loss or damage suffered or incurred by you as a result of:
a) the act or omission of any user of our site or any failure of the user to perform or comply with any of the terms of the contract between you and the user, including a failure to pay any sums required under the contract
b) any damage to the property or loss of or damage to items contained therein
c) any incident or occurrence which takes place at the property
d) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation
e) any liability for loss of income or revenue;
f) loss of business
g) loss of profits or contracts
h) loss of anticipated savings
i) loss of data
j) loss of goodwill
k) wasted management or office time
l) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
23. Interruptions in our services
Whilst we take every care to maintain the continuity of our website, the Internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate our website or any particular part of it.
24. Links on our website
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
25. No partnership or agency
Nothing in these Advertiser Terms of Use or in your use of our website creates, or is intended to establish, any partnership, joint venture or agency between us.
26. Law and jurisdiction
These terms of use are governed by law of Belgium, and the courts of Belgium will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).
You agree to comply with all applicable laws, statutes and regulations concerning your use of our website.
27. Events beyond our control
We will not be in breach of these website terms of use, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, or any other accidents.
28. Variations
We may revise these website terms of use at any time by amending this page or by publishing notices elsewhere on our website. If a provision of these website terms of use (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these website terms of use will not be affected.
29. Notices
Any notices that you wish to send us should be emailed to : info@adriaticaccommodation.net. Any notices that we may wish to draw to your attention to will be displayed on our website or through our regular email or newsletter communications.
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